Rental Housing Scams in Spain: Types, 2025-2026 Case Law and How to Defend Yourself (Landlords and Tenants)
Criminal-law analysis of rental housing scams in Spain: bogus landlords, intermediaries without authority, 'inquiocupas' (squatter-tenants), aggravated fraud under art. 250.1.1ª CP and concurrence with document forgery. Latest 2025-2026 case law from the TSJ and Provincial Courts.
A housing crisis fuelling crime
Spain's housing crisis — scarce long-term rentals, runaway prices and landlords' fear of squatting or non-payment — has triggered a flood of criminal cases throughout 2025 and early 2026 on rental housing scams. Provincial Courts and Higher Courts of Justice (TSJ) have issued at least a dozen rulings clarifying who is liable, with what penalty, and where the line falls between civil breach and crime.
This article — written from our day-to-day practice — analyses the most frequent patterns under articles 248 to 251 bis of the Spanish Criminal Code (CP), the aggravated fraud rules of art. 250 CP, the controversial "inquiocupas" (squatter-tenants) debate and the recurring concurrence with document forgery.
> Practical note: this is general information. Anyone affected — landlord, tenant or estate agent — needs an individual case review: small differences in the contract and the evidence determine the outcome.
1. The crime of fraud: general framework (arts. 248-251 bis CP)
Art. 248 CP defines fraud as using sufficient deceit to cause error in another person, inducing a disposition of property with damage to oneself or a third party, all for profit. Four indispensable elements:
- Sufficient deceit (apt to mislead an average person).
- Intent to profit.
- Act of disposition (transfer of money, signing a contract).
- Actual damage, suffered by the victim or a third party.
If the defrauded sum does not exceed €400, the conduct is punished as a petty offence.
Modalities especially relevant for rentals:
- Computer fraud (art. 249.1.a CP) — fake ads on Idealista, Fotocasa or Milanuncios.
- Card/payment-instrument fraud (art. 249.2-3 CP).
- Aggravated fraud under art. 250 CP (most often the subsection 1.1.ª: "necessities, housing or other goods of recognised social utility").
- Improper or real-estate fraud (art. 251 CP): transferring, encumbering or leasing property without authority, hiding charges, or simulating contracts.
- Criminal liability of legal persons (art. 251 bis CP) — very relevant for estate agencies and asset-holding companies.